Secularism and statebuilding in Chiara Letizia

The question of whether Nepal should be secular or should once again be officially designated ‘the world’s only Hindu state’, as it was between 1962 and 2006, has become increasingly pressing. An unexpected compromise was reached when a new constitution was finally promulgated in September 2015, seven years after the first Constituent Assembly was elected following the end of the war.

Article 4 of the new constitution describes the Nepali In the wake of the Hindu nationalist Bharatiya Janata state as secular, but defines this as meaning ‘religious Party’s stunning victory in the Indian elections in May 2014, and cultural freedom, along with the protection of anti-secular forces have grown stronger in Nepal. As the religion and customs practised from ancient times’. new constitution was being drafted, different political None of the other terms used in Article 4 were deemed parties and religious associations held protests and rallies to need similar explication. Hence, according to the 2015 calling for the restoration of the Hindu state. Even though Constitution, to say that Nepal is secular is to say that the new constitution reaffirmed Nepal’s secular status, there is religious freedom and that someone, presumably continued demonstrations in the summer of 2015 for the the government, must protect those traditional religions replacement of secularism with the principle of ‘religious and customs ‘practised from ancient times’ – which, freedom’ underlined the strength of opposition. it seems, does not apply to religions and customs that are less ancient. Demand for secularism Although prefigured from the 1950s onwards, serious and Secularism in Nepal dates back to April 2006, when more mainstream demands for secularism emerged only the second People’s Movement forced King Gyanendra in 1990 after the fall of the partyless regime. to give up power. On 18 May, the reinstated House of Started by Theravada Buddhist monks and laypeople who Representatives proclaimed Nepal secular, the first of no longer wanted to be counted as members of a Hindu several constitutional steps that led to the abolition of the sect, and strongly supported by Janajati (indigenous) monarchy and the creation of the new secular Federal activists, this campaign aimed to obtain equal recognition, Democratic Republic of Nepal. The Interim Constitution of rights, and space for all religions practised in the country. January 2007 declared Nepal a , while the first Constituent Assembly (CA) abolished the monarchy at its Activists recognised that a two-century-old process had very first meeting in May 2008. embedded in Nepal’s national identity, seeking to homogenise an extremely heterogeneous population Yet, the place of secularism was never fully secured and leading to the domination of ‘high-caste’ in during the long constitution-writing process that followed. the economic, political, legal and educational spheres. When elections for a second CA were held in November Secularism therefore represented a demand that the multi- 2013, the political scene changed: the Maoist party, the ethnic and multi-religious composition of the country be most prominent political force under the first CA, was acknowledged. It was not a move to banish religion from relegated to a distant third, while the older political parties, public life, but rather a call for non-Hindus to be treated the Nepali Congress (NC) and the Communist Party of equally with Hindus. The core elements of this demand Nepal-Unified Marxist-Leninist (UML), were returned were the de-Hinduisation of the state (by replacing Hindu to power. The Rastriya Prajatantra Party-Nepal, which symbols and rituals on state occasions, for instance), the supported both constitutional monarchy and a return to push for a multicultural Nepal, and the recognition of the state Hinduism, became the fourth largest party. It fought distinct identity of ethnic groups. a clever campaign and managed to win a large number of votes in the proportional part of the election from pious The 1990 constitution retained Nepal’s identity as a Hindu Hindu middle classes, especially in the cities, who gave kingdom, but secularism won the day 17 years later their first-past-the-post vote to the main parties but split thanks to the success of the Maoist party. Maoists had their vote in protest against secularism. asked for secularism from the beginning of their 10-year

Two steps forward, one step back: the Nepal peace process // 109 insurgency – it was listed in the 40-Point Demand they is thus viewed as leading to disrespect, communal violence presented to the government before the launch of the and the loss of national unity and identity. The idea of Nepal ‘People’s War’ in 1996. Their pro-secular stance was as the ‘last land of the Hindus’, or the only Hindu country in popular among Janajatis, who formed a large part of their the world, retains its appeal to a younger generation seeking support. Opinion polls have consistently shown that the affirmation of their Nepali identity. majority of Janajatis, unlike other major groups in the country, favour a secular state – although there is still What does secularism mean a sizeable minority of Janajatis who prefer the Hindu state now and what has changed? option. The NC and UML parties supported secularism The declaration of secularism has not brought radical in 2007 and 2008 because they saw it as a necessary step legal changes: ‘anti-secular laws’ such as those to dismantle the power of the monarchy, which existed in criminalising cow slaughter and proselytising have symbiotic relationship with Hinduism. Even though many not been repealed. Neither have gods left the political of their leaders had misgivings, they went along with the sphere. Much of the symbolic and ritual apparatus of secular tide for fear of being seen as monarchists. the monarchy has passed unchanged to the secular republic. Rituals that featured the king’s public presence Competing narratives continue to be financed as state affairs, and the president Secularism has encountered strong opposition precisely of secular Nepal has appropriated the king’s ritual role because it entails a new, pluralist notion of national identity in at important Hindu festivals. which different religions meet on the basis of equality. The anti-secular and Hindu nationalist associations and political Far from being a mere continuation of the status quo, parties emphasise sanatan (Hinduism as a however, this reconfiguration of royal rituals into state transcendent, ‘eternal religion’) as a shared Nepali (and rituals is one way in which the young secular republic South Asian) heritage. They argue that Hinduism is the is legitimised, which is precisely the reason some still world’s ‘most secular’ religion, which includes in its fold seek to reverse this trend. While secularism itself has many different sects and guarantees tolerance and harmony not undermined the traditional elite’s hold on power, amongst Nepal’s different religious communities. Hindu the fact that Hinduism is no longer formally guaranteed nationalists ignore the fact that ethnic and religious identities a hegemonic position has opened up the possibility distinct from Hinduism (particularly ) have a long history that of different religious backgrounds could in Nepal, and that seeing some people as more Hindu than represent the state in the future. Certainly, further others bestows them with special privileges. Disregarding challenges for Nepali secularism will emerge as the defining role that movements to assert a non-Hindu minorities begin to achieve greater representation identity have played in Nepal’s recent history, Hindu in the courts, the legal profession, the political parties, nationalists prefer to portray secularism as a foreign import. and the governmental apparatus. In doing so, they capitalise on both the lack of proper public debate on secularism before the declaration of a secular So far, secularism in Nepal has not meant the strict state, which surprised and shocked many, and the separation of state and religion and appears to be inspired widespread belief that foreign actors play a large role in by the Indian model, according to which the state upholds Nepal’s politics. all the religious traditions of its people equally. It neither makes religion a private affair nor society secular. Instead, through secularism, religious minorities seek recognition It was not a move to on an equal footing with the majority, and religious and banish religion from public ethnic groups engaged in identity-making processes have tended to enhance their religious traditions, making “ life, but rather a call for sure that they invite the president or prime minister to non-Hindus to be treated their new year’s festivals, for example. The multiplication equally with Hindus.” of religious festivals in the national calendar and in public space is thus seen as both a secular development and an important symbolic recognition of religious and Thus, secularism is often seen by its opponents as the ethnic minorities. product of a Christian conspiracy to allow proselytising. In this discourse, secularism is seen as giving religious Secularism has changed the nature of the relationship minorities the right to convert and eat cows – whereas between Hinduism and minority religions – from a protecting cows and banning conversion symbolised the paradigm of distant control under a tolerant hegemony purity and the Hindu-ness of the former kingdom. Secularism to a situation of competition and negotiation among

110 // Accord // ISSUE 26 Members of the Christian community carry mock coffins demanding a burial space, March 2011. © Min Ratna Bajracharya

equals. Secularism has been an essential step in the Chiara Letizia is Professor of South Asian Religions at the Université larger project to create a new, inclusive and republican du Québec à Montréal. She has been conducting research on religion Nepal, but it has also led to a public debate on the and society in Nepal since 1997. Her fieldwork has focused on the relationship between religion and the state that has anthropology of and Hinduism, namely on ritual and at times become fractious. Religion continues to be symbolism, religion and politics, ethnic and religious activism. a crucial modality for constructing individual and Between 2009 and 2011 she was Newton Visiting Fellow at the collective identities, including at the national level, Institute of Social and Cultural Anthropology, University of Oxford, which explains the lasting sensitivity around the idea where she investigated the meanings, shaping and implementation of secularism. Barring a few isolated incidents, though, of secularism in Nepal. She is the co-editor of Religion, Secularism, and Ethnicity in Contemporary Nepal (2016). secularism has not given rise to religious conflict. Despite the fact that the principle is highly divisive, it is still evolving, and actual secularist practices and accommodations can be built and worked out over time, without recourse to identity politics.

Two steps forward, one step back: the Nepal peace process // 111